When an employee is suffering low back pain, it is difficult to determine whether the case is eligible for occupational accident, especially if the employee has chronic trouble in the back. In March, the Labor Ministry published a leaflet about the recognition of low back pain as occupational accident. This article explains about this issue, based on the publication.
[1] Criteria for recognizing low back pain as occupational accident
In recognizing low back pain as an occupational injury, different requirements are set depending on whether the case is “attributable to accidental causes” or “not attributable to accidental causes.” When a situation meets requirements for the applicable category, it is considered eligible for workers compensation.
[For cases attributable to accidental causes]
Low back pain from an injury that satisfies both of the conditions below
-It is evident that the back injury or the sudden force that caused the injury has resulted from an unexpected incident during work.
-It can be medically confirmed that the force applied to the back has caused the pain or has significantly worsened pre-existing pain or problems in the back.
[For cases not attributable to accidental causes]
Low back pain not caused by an unexpected incident is experienced by a worker who carries out back-straining tasks, such as handling of heavy objects, and is considered to be related to work based on the situation and the period of the tasks performed.
[2] Low back sprain
Workers may suffer low back sprain during work (e.g., acute lumbago) but a problem that occurred in normal movements will not be considered as an occupational injury. However, if it involves unusual movements or posture that caused a strong force applied to the back, it may be recognized as work-related accident.
[3] Cases of a pain that reappears or aggravates due to work
In some cases, workers who have pre-existing conditions like hernia experience recurrence or aggravation of the problem as they carry out work. In such case, workers compensation will be provided only for the treatment for the recovery to the previous state.
The government provides “the Age-friendly subsidy” to support companies implementing measures to prevent low back pain. The subsidy covers expenses for physical checks or guidance by professionals to prevent workers from falling or suffering low back pain due to physical deterioration. Please keep up with the latest information.
[Reference]
The Ministry of Labour, “Workers compensation for low back pain”
https://www.mhlw.go.jp/content/001429143.pdf
The information is based on laws and regulations as of the date of the original article.
